COURT UPHOLDS CITY’S ZONING IN WINTER HILL STAR MARKET CASE

SOMERVILLE – A judge has ruled in the City of Somerville’s

favor in a lawsuit filed by the owner of the former Star Market in Winter Hill,

who contested denials of a building permit and two special permits and the

legality of the City’s Zoning Ordinance. The judge entered a summary judgment

dismissing all of the plaintiff’s claims.

The ruling upholds the zoning amendments that went into

effect on Feb. 10, 2010, that created two new Commercial Corridor Districts

along Broadway, including at the intersection of Broadway and Temple Street,

established with the goal of promoting more neighborhood-serving retail in

mixed-use buildings, bringing to Winter Hill the same vibrancy and long-term planning

strategy that has revitalized other Somerville neighborhoods with an eye toward

walkability.

Comar Real Estate Trust had its building permit for 299 Broadway

denied on Feb. 22, 2010, because the building is within one of those Commercial

Corridor Districts, and converting the former supermarket to an Ocean State Job

Lots store would require two special permits under the city’s Zoning Ordinance.

In a written decision dated Sept. 2, 2010, the Somerville

Planning Board denied Comar Real Estate Trust’s application for those two

special permits because the proposed use was not consistent with the stated

purpose of the Zoning Ordinance and Commercial Corridor Districts. Comar Real

Estate Trust then filed its complaint in Land Court on Sept. 28, 2010.

The Middlesex Land Court decision dated Sept. 5, 2013,

signed by Associate Justice Judith C. Cutler, rejected the plaintiff’s

arguments that the proposed use of the building meets the special permit

requirements or that the Zoning Ordinance violates state and U.S. constitutional

law.

In doing so, the court upheld the community-driven vision

for Winter Hill that would bring more walkable retail to the neighborhood that

serves residents’ immediate needs and decreases reliance on driving for those

daily needs, while increasing available housing in the neighborhood through

multi-tenant, mixed-use buildings—the same successful formula that has created active

neighborhood squares throughout the city.

“With this impasse now concluded, the City looks forward to

working with Comar Real Estate Trust and neighbors in Winter Hill in realizing

the community’s vision of a vibrant, mixed-use neighborhood,” said Mayor Joseph

A. Curtatone. “Change is not always easy, but I know that by doing the hard

work, meticulous planning and long-term visioning, we can create an environment

that benefits both businesses and residents, preserving what we love about

Somerville while making our neighborhood more walkable and livable. Like the

ongoing transformation on lower Broadway in neighboring East Somerville, we are

looking to build community in Winter Hill, and are excited to work with Comar

Real Estate Trust and the community to continue creating a resilient and

self-sufficient economic base for Winter Hill and our city.”

“Developments that create both multiple storefronts and

additional housing are integral to reviving Broadway while keeping the

diversity and character of Ward 4 intact,” said Ward 4 Alderman Tony Lafuente.

“Ward 4 residents would get an array of retailers to meet their daily needs

within walking distance of their homes, and tax burden relief from the

expansion of commercial square footage. Our long-time Winter Hill businesses

that we cherish would also benefit from a refreshing change in the business

climate. I am relieved that this issue has been resolved, that the Land Court

decision backs Ward 4 residents’ vision for their community, and know that the

City can work with Comar Real Estate Trust in finding a solution that works for

all.”

The Land Court Decision is docket number 10 MISC 440303. The

plaintiffs were Comar Real Estate Trust by James A. Cohen, and James B. Marcus,

Co-Trustees. The defendants were the City of Somerville, the Somerville

Planning Board, and members of the Planning Board that issued the written

decision in Sept. 2010 denying the special permit applications.

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Contact:

Denise Taylor  617-625-6600, ext. 2103